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How Long Should An Application for Federal Disability Retirement Take?

Feb 25, 2013

How Long Should An Application for Federal Disability Retirement Take?

Posted By
The Law Offices of Eric L. Pines, PLLC

As a federal employee attorney, I am often asked why an application for
FERS disability retirement can take so long for OPM to process.

This is not a simple question to answer. The nicest way to put it is that
the Office of
Personnel Management (OPM) is a bureaucracy and like all bureaucracies the wheels of justice
move very slowly. OPM is certainly no exception to this rule, especially
when it comes to making decisions about whether a Federal employee should
be given FERS or CSRS disability retirement.If you
apply it is helpful to get in the mindset of expecting a long wait rather than
a quick overnight decision.OPM’s typical turnaround for a disability
retirement application is within 6-9 months. Additional delays are likely
if you file during the holidays when employees of federal agencies are
on leave. At the end of the year applications may be held up because OPM
is handling more non-disability retirements.

I often see even longer delays with applicants who work for USPS and DHS.

The process was outlined recently by Reg Jones, writing in Federal Times
in an answer to a question.

“If your agency offers you an opportunity to retire early and you
accept it, it will forward your application to the Office of Personnel
Management, which, after a few weeks, will put you in interim pay status
until it can finalize your annuity. If you
apply for disability retirement, it will take time for you to provide the medical evidence
and for you and your agency to complete the paperwork.

“After your application is forwarded to OPM, it will take even longer
for them to review your case and make a decision. If they decide in your
favor, you will start receiving your full annuity. If they decide against
you, you’ll be back to square one,” Jones wrote.

If your application has dragged on more than 8 months, OPM may be taking
too long to decide and you have legal rights. Yet, two cases suggest the
OPM’s failure to make a decision is effectively a denial which can
actually benefit you by allowing you to appeal to MSPB and get your case
heard before an Administrative Judge. Since, if OPM delays your application
for too long, you can assume that this implies that they are denying the
claim and immediately file an appeal with the Merit Systems Protection
Board (MSPB).

You should take formal steps first. Make sure to make monthly status requests.
Document times of phone calls and save emails or other correspondence.
Note who you spoke with when you contact the agency. Then send OPM a letter
giving them notice that you are treating their silence as evidence of
denial of your claim, giving them sufficient time to respond.

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